Res ipsa loquitur applies when a plaintiff establishes that: (1) the accident is of a kind that ordinarily does not occur in the absence of someone's negligence; (2) the accident was caused by an agency or instrumentality within the defendant's exclusive control; and (3) the accident was not due to any voluntary action or contribution on the part of the plaintiff. Notice is inferred where res ipsa loquitur applies.
Valdez v. Upper Creston, LLC, NY Slip Op 00367 (1st Dep't January 20, 2022)
